1. Introduction
SEAT, S.A.U. (hereinafter referred to as "CUPRA") is a Spanish entity domiciled in Martorell (Barcelona), Autovía A-2, Km. 585, with Tax Identification Number (C.I.F.) A-28049161, duly registered in the Commercial Registry of Barcelona in Volume 23662 General, folio 1, sheet number B- 56855, and whose contact email is customercare@cupraofficial.com.
CUPRA is the owner or licensee of all intellectual property rights or any other type regarding the website www.cupraofficial.com, and particularly regarding the subdomains: "www.en-shop.cupraofficial.com," "www.es-shop.cupraofficial.com," "www.it-shop.cupraofficial.com," "www.de-shop.cupraofficial.com," "fr-shop.cupraofficial.com" (hereinafter referred to as the "Website" or the "Marketplace").
These terms of use (hereinafter referred to as the "Terms of Use") regulate access to and use of the CUPRA Marketplace by users who access and browse the website (hereinafter referred to as "Users", "User" when singular). The Terms of Use shall be complemented by any other legal texts regulating any functionality, service, process, application, platform, or means necessary for the use of the platform or included therein.
Please read the Terms of Use carefully. Browsing the website and using it implies that the User has read, understood, and accepted these Terms of Use. If the User does not agree with all or part of these Terms of Use, the User must refrain from using the website.
2. Purpose
The Website allows Users to view and purchase products marketed by various Sellers through the Marketplace. By "Sellers," we refer to those companies offering and selling products through the Marketplace.
These Terms of Use do not regulate the purchase and sale of Products by Users, which will be subject to the sales conditions indicated by the Seller through its section on the website.
3. How Does the Marketplace work?
3.1. Role of CUPRA: Acts as a provider of the online platform through which Users can purchase products offered by Sellers. CUPRA is a mere intermediary between Users and Sellers. It is not a party to the purchase and sale contract between the User and the Seller, and therefore cannot be held responsible for such purchase and sale.
3.2. Role of Sellers: Sellers offer and market their products through the Website. Information about the products, as well as sales conditions, is provided by the Seller. The purchase and sale contract for the products take place between the Seller and the User; therefore, for any questions related to the purchase or information about the products, the User must contact the Seller. The Seller's contact information can be found on the website, in the Seller section.
3.3. Payment Method: Payment methods available to Users through the Marketplace are provided by the Payment Service Provider J.P. Morgan ("PSP"). The PSP is the authorized payment service provider that provides these services to enable economic transactions between User and Seller through the website. Users can pay by credit card or Paypal®.
In the event of a return, the User will receive the corresponding amount through the PSP, to the payment method used by him or her to make the purchase, according to the Seller's return conditions, and provided that the return has been approved by said Seller.
3.4. User Account: The User may create an account on the website by completing the corresponding registration process. The User must provide real and truthful information and choose a secure password, ensuring that the password is not known to third parties, to maintain the security of their account. Registration is not mandatory to access or use the Website or to purchase products through it.
3.5. Result Classification: Users can search for products through the website using the available search tool. The search results are listed and presented based on their relevance to the search query. Additionally, there may be sections within the website showing products by order of inclusion on the website ("new arrivals" or similar), or by order of best sellers ("best sellers" or similar).
CUPRA may display certain "recommended" products, which will appear as such because the Seller has paid the corresponding fee to highlight their products. In such a case, it will be indicated through the website (for example, as a "recommended," "featured," "sponsored," or similar product).
3.6. Reviews: Users who have made purchases through the website can post reviews and comments about the products.
We inform Users that automatic methods are employed to verify that reviews are made by Users who have actually made purchases through the website.
4. Intellectual and Industrial Property
The Website, texts, images, sounds, animations, videos, and any other content on this website are the exclusive property of CUPRA or, where applicable, third parties who have granted a license or authorization to CUPRA for their use.
In this regard, CUPRA grants Users a non-exclusive, non-sublicensable, non-transferable license to use the website, its respective functionalities, content, and other available functions, subject to the rest of the terms included in these Terms of Use, as well as any other applicable terms of use and legislation. The User is authorized only to view and obtain a temporary private copy of the contents for their exclusive personal and private use on their computer systems (software and hardware) but is not authorized for their subsequent transfer to third parties. Subject to the above exceptions, the User may not modify or reproduce, in whole or in part, or distribute or publicly communicate this information, without the express written consent of CUPRA.
On their part, Users grant CUPRA a non-exclusive, unlimited, transferable, free, and sublicensable license for the use of the content shared by them through the website. In particular, but not exclusively, CUPRA shall have the right to reproduce, transmit, distribute, publicly communicate, make available, extract, reuse, and transform such content in any form and for any purpose. Likewise, Users grant CUPRA a non-exclusive, unlimited, comprehensive, transferable, free, and sublicensable license over the data provided by them that are not of a personal nature or those data whose personal reference has been removed (anonymized data). Any other use must be previously authorized.
Users acknowledge and agree that the use of the website does not imply the transmission of any intellectual or industrial property rights, such as copyright, trademarks, designs, or other rights over the website or any of its component elements, except for the limited use license granted to Users under the terms provided herein.
All logos, trademarks, and industrial designs appearing on the website fall within the scope of industrial and intellectual property rights registered by CUPRA, Sellers, or other third parties, therefore any form of exploitation, reproduction, distribution, public communication, making available, and transformation is prohibited without the express authorization of their owners.
5. Rules for the use of the Website
The User acknowledges and expressly agrees voluntarily that the use of the website is carried out under their sole and exclusive responsibility at all times.
The User undertakes to comply with these Terms of Use, as well as to comply with the special warnings or usage instructions contained therein.
The User agrees not to misuse the website, as well as not to use it or distribute information through it for:
- Activities contrary to the applicable law, these terms, morality, good customs, or public order, or for unlawful, prohibited, or harmful purposes to the rights and interests of CUPRA or third parties. In particular, copyright, names, or registered trademarks, as well as privacy rights.
- Use the website or any part thereof on other private or commercial websites, as well as to make commercial use of the website; or establish hyperlinks or hyperlinks to the website or any of its contents (except with the express written authorization of CUPRA).
- Alter, copy, modify, decompile, disassemble, reverse engineer, license, lease, sell, or imitate the website or its contents.
- Transmit a virus or other harmful component that damages, limits, or harms the website or any connected network or interferes with the use and enjoyment of the website by other users.
- Disclose, extract, reuse, forward, or use in any way, in whole or in part, on any medium or support, any part of the website belonging to CUPRA without the prior express consent of the company.
CUPRA reserves the right to block access to certain services on the website to any User who breaches these Terms of Use, the rights of third parties, or applicable law, particularly the commitments stipulated in this clause. CUPRA will retain all other additional rights that may correspond to it against the User, especially those related to initiating criminal or civil proceedings.
The User guarantees that the information, materials, content, or observations that do not constitute their personal information but are provided to CUPRA do not infringe the intellectual or industrial property rights of third parties, nor any other legal provision.
6. Exclusion of Warranty
CUPRA will make every reasonable effort to ensure the proper functioning of the website. However, CUPRA cannot guarantee the absence of interruptions in service for the purpose of carrying out website maintenance and/or repair tasks, lack of coverage, or failures in the equipment and/or networks necessary for data transmission, which are beyond its control. CUPRA will take appropriate measures to reduce such interruptions.
7. Responsibilities
The User uses the Website at their own risk. By accessing it, they undertake to use it in accordance with the law, answering to CUPRA and/or third parties, for any damage or harm that may be caused as a result of the breach of said obligation.
CUPRA cannot be held responsible for errors or security breaches that may occur in the User's computer system (hardware and software) or the files or documents stored on it due to viruses present on the computer used to connect to the services and contents of the website, due to a browser failure, the use of outdated browser versions, or telephone breakdowns, interferences, omissions, or disconnections in the operational functioning of the electronic system due to causes beyond the company's control.
In any case, the User will be fully responsible for any data or content they transmit or communicate to CUPRA. CUPRA does not control or supervise any of the aforementioned content, unless required by the competent court or an administrative decision, reserving the right to remove or prevent its visualization until the ownership of the material in question is demonstrated or its legality is proven.
Therefore, to the extent legally possible, CUPRA is not responsible for errors or omissions that may affect the content of the website or others that may be accessed through it.
CUPRA does not generally control the use that Users make of the website. In particular, CUPRA does not guarantee under any circumstances that Users use the website in accordance with the law, these Terms of Use, morality, generally accepted good customs, and public order, nor that they do so diligently and prudently. Consequently, CUPRA is not responsible for the use that the User makes of the Website's content that may constitute a violation of any rule, national or international, of intellectual or industrial property rights, or any other rights of third parties.
8. Data Protection
CUPRA will protect Users' personal data and will use it only to the extent permitted by law or when Users have given their consent. Users can find information about the processing of their personal data in the Privacy Policy.
9. Links to Other websites
This website may contain links to other websites, social networks, and/or applications of Sellers or other third parties. CUPRA has no control over them and is not responsible for their content, operation, or the transmission received from such third parties. The User is responsible for reading and accepting the terms of use and privacy policies published on linked websites or applications. The owner of each website will be responsible for it, as well as for the content provided through it.
Likewise, CUPRA cannot control the information, content, products, or services provided by third parties that have established links to the website. Therefore, CUPRA assumes no responsibility for the use by the User of functionalities, technologies, services, or platforms of third parties, despite being available through the website. In this sense, the User agrees to hold CUPRA harmless from any liability or payment of damages as a result of breaches or incidents related to the use of such functionalities, technologies, services, or platforms of third parties.
10. Modifications to the Terms of Use and the Website
CUPRA reserves the right to modify, expand, or reduce the scope of the services provided by the website, or to change its functions at any time. This is particularly due to the rapid development of new technologies, which requires CUPRA to periodically adapt the technical content of the website.
Likewise, it may modify these Terms of Use at any time. The start date of the new version will be indicated at the top of the Terms of Use. The Terms of Use are applicable from the moment the User accesses and browses the website; therefore, it is recommended that the User regularly consult these Terms of Use. If the User continues to use the website after the new version is published, they will have accepted the new Terms of Use.
11. User Support Service
For any questions related to the Website, you can contact CUPRA's User Support Service ("Customer Care") via email at customercare@cupraofficial.com.
12. Notification of potential violations
CUPRA respects the rights of third parties and applicable law. Users of this Website are obliged to do the same.
If any User detects offensive use of this website and/or for purposes contrary to current legislation, or content that they believe may be infringing the law or third-party rights, they must immediately notify CUPRA by email at customercare@cupraofficial.com. In order to properly process the notification, please provide at least the following information: name, contact details, explanation of the reasons why you consider the content to be illegal, how to find the content on the Website or where it is published (e.g., URL), statement that the User is convinced in good faith that the information and allegations contained in the notification are accurate and complete.
We reserve the right not to process incoming reports of abusive use for a limited period of time if the User has sent obviously unfounded reports or complaints several times despite being warned.
Complaints will be deemed manifestly unfounded if any person is capable of clearly appreciating them, without the need to analyze them from a legal point of view. Whether the processing of reports is suspended and for how long depends on various factors, such as the type and severity of the abusive reports (for example, multiple reports of the same content without new information after we have confirmed that we cannot clearly assess the content as illegal), previous abusive reports by the User and the intention, if ascertainable.
13. Severability
The illegality, invalidity, or ineffectiveness of any clause of these Terms of Use will not affect the effectiveness of the rest, provided that the rights and obligations of the Parties arising from the Terms of Use are not essentially affected. Essential is understood as any situation that seriously harms the interests of any of the Parties, or that affects the very purpose of these Terms of Use. Such clauses must be replaced or supplemented with others that, being in accordance with the law, meet the purpose of the replaced ones.
14. Applicable Law, Competent jurisdictional Courts
14.1. These Terms of Use are governed by common Spanish law. If the User is a consumer, these Terms of Use will also be subject to any applicable local law.
14.2. Any dispute arising from the use of the Website, or these Terms of Use will be submitted to the competent courts of the city of Barcelona (Spain), and in the case of a User acting in their capacity as a consumer, to the court corresponding to the User/consumer's domicile.
14.3. The User, if acting as a consumer, may also submit any dispute arising from or related to these Terms of Use to an alternative dispute resolution ("ADR") procedure. The list of available ADR platforms of the European Commission can be consulted at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
CUPRA does not commit to nor is obliged to participate in online dispute resolution processes before the consumer arbitration body.
14.4. Dispute Resolution in accordance with the Digital Services Act ("DSA")
Users have the right to appeal to a certified out-of-court dispute resolution service to resolve disputes in connection with decisions or notifications content submitted (in accordance with section 12 above).
Certified out-of-courts dispute resolution bodies can be found at the following link: Online Dispute Resolution | European Commission (europa.eu).
CUPRA may refuse to cooperation with the out-of-courts dispute resolution service if a dispute concerning the same information and the same grounds of alleged illegality of the content or its alleged incompatibility with these Terms of Use is already pending before a court or dispute resolution service or has already been settled.
CUPRA would also like to point out that the resolution of disputes by such certified bodies may not be binding and that it is always possible to go to the competent courts in order to obtain binding decisions for both parties.
© SEAT, S.A.U. 2024. Total or partial reproduction prohibited. All rights reserved.
March 2024